Citation in context
July 11, 2017 — Meeting Minutes
Cited passage
City Manager Owens commented that staff has worked with a group of residents to develop these new standards which we think will make things in these buildings much safer, affordable, and workable for the residents that are in them. Staff recommendation is to approve the ordinance for the first reading only.
07-11-17 BOA Minutes July 11, 2017 Page 4 of 10 Mayor Sanger commented that he would hope it is not to be said that Clayton legislators are not reactive to something that is brought to their attention by the public that makes sense and is a benefit for everyone in the community. This is a great example of how the City works.
Alderman Harris added that she would like to compliment everyone, the staff and the citizens for getting their act together and getting organized about what they wanted. She again complimented the staff for the many meetings and long discussion adding that this is a great example of team work and local government.
Dr. Dan Phillips, resident, 200 S. Brentwood Boulevard, addressed the Board thanking them and the City staff. He is here tonight speaking as President of the PT Homeowners Association in support of the proposed ordinance. This is a strong proposal that will significantly enhance the safety of the relevant high rise condominium buildings and help protect, not only our residents, but the fireman who risk their lives in the advent of fire. I will not enumerate the specific features of the proposal, but let me say we all respect Fire Marshall Paul Mercurio tenacious dedication to the safety of Clayton's citizens and it gives me great comfort that Paul supports this proposal. And of paramount importance, this proposal will allow the fire safety enhancements to get implemented in less than half the time then what was originally anticipated. This ordinance also provides options to the affected buildings. An individual building can choose to follow the terms of the new ordinance or they may elect to follow the 2015 International codes with a12 year allotment to implement all of its provisions.
Mayor Sanger closed the public hearing.
Alderman Winings introduced Bill No. 6619, an ordinance to consider approving a modification of Appendix M of the 2015 International Fire Code to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6619, an Ordinance Amending Section 205.080 of the Clayton City Code Amending the Fire Protection and Prevention E Code of the City of Clayton, Missouri, Regarding Sprinklers in High-Rise Residential Buildings for the first time by title only.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR EDLL, LLC D.B.A. PELICAN BAR LOCATED AT 30 N. CENTRAL AVENUE
City Manager Owens reported that EDLL, LLC d.b.a. Pelican Bar is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 30 N. Central Avenue.
The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.
The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board of Aldermen members in order to be approved. Staff has requested that a representative be in attendance at the meeting.
Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
Alderman Berkowitz seconded the motion. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye.
07-11-17 BOA Minutes July 11, 2017 Page 2 of 10 THE CITY OF CLAYTON Board of Aldermen City Hall – 10 N. Bemiston Avenue July 11, 2017 7:05 p.m.
Minutes
(Note: These minutes include a transcription of the deliberations regarding Centene as prepared by a court reporter)
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Rich Lintz, Ira Berkowitz, and Michelle Harris
Mayor Sanger City Manager Owens City Attorney O’Keefe
Alderman Berger moved to approve the June 27, 2017 minutes. Alderman Boulton seconded.
The motion to approve the minutes passed 6- ayes on a voice vote; Alderman Lintz abstained.
PUBLIC REQUESTS AND PETITIONS
Mayor Sanger presented a proclamation to special guest Mr. Marvin Kosky in recognition of receiving France’s top honor – French Legion of Honor award. Mayor Sanger stated, “I have to tell you that my father in law, who served in the army at the same time as Mr. Kosky was an individual that was unique, unique of that generation, the whole generation was a unique generation. We would not be here were it not for the sacrifices that generation made. I cannot tell you how important that is and I’m not sure the generation behind us really appreciates what your generation did, the greatest generation did for America and for the world in every possible regard. I/we thank you so very much!”
A PUBLIC HEARING – AN ORDINANCE TO CONSIDER ADOPTING A SPECIAL DEVELOPMENT SUBDISTRICT PLAN TO BE KNOWN AS SUBDISTRICT 2B FOR THE CENTENE CLAYTON CAMPUS DEVELOPMENT
Alderman Winings recused himself from the meeting at 7:14 p.m.
Mayor Sanger opened the public hearing and requested proof of publication.
NOTE: a transcription of the deliberations regarding Centene was prepared by a court reporter and is available as part of the official minutes.
Mayor Sanger closed the public hearing.
Alderman Boulton introduced Bill No. 6618, an ordinance to consider approving a Special Development Subdistrict Plan, Subdistrict 2B for the Centene Clayton Campus Development to be read for the first time by title only. Alderman Berger seconded.
Alderman Boulton introduced Bill No. 6618, an ordinance to consider approving a Special Development Subdistrict Plan, Subdistrict 2B for the Centene Clayton Campus Development to be read for the first time by title only. Alderman Berger seconded.
07-11-17 BOA Minutes July 11, 2017 Page 3 of 10
City Attorney O’Keefe reads Bill No. 6618, an Ordinance Approving a Subdistrict Development Plan for Subdistrict 2B of the Centene Clayton Campus Special Development District and Other Actions Related Thereto for the first time by title only.
The motion passed unanimously on a voice vote.
Alderman Boulton moved that the Board give unanimous consent to consideration for adoption of Bill No. 6618 on the day of its introduction. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
Alderman Boulton introduced Bill No. 6618, an ordinance to consider approving a Special Development Subdistrict Plan, Subdistrict 2B for the Centene Clayton Campus Development to be read for the second time by title only. Alderman Berger seconded.
City Attorney O’Keefe reads Bill No. 6618, an Ordinance Approving a Subdistrict Development Plan for Subdistrict 2B of the Centene Clayton Campus Special Development District and Other Actions Related Thereto for the second time by title only.
Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6486 of the City of Clayton.
Alderman Winings rejoined the meeting at 8:05 p.m.
A PUBLIC HEARING – AN ORDINANCE TO CONSIDER ADOPTING THE MODIFICATION OF APPENDIX M OF THE 2015 INTERNATIONAL FIRE CODE (FIRST READING )
Mayor Sanger opened the public hearing.
City Manager Owens reported that a public hearing is not required to adopt this modification, the City would prefer to conduct the meeting in the same format used for a public hearing for the purposes of allowing the City to accept public comment and testimony on this matter.
The Board of Aldermen adopted the 2015 International Fire Code on October 13, 2015, with an effective date of January 1, 2016. The most significant change in the new code provides for a greater level of safety for existing high-rise structures.
Section M103.1 requires all existing high-rise buildings complete an automatic sprinkler retrofit within 12 years. Staff is recommending a modification to address high-rise buildings containing residential R-2 dwelling units which are platted and constructed as a condominium pursuant to chapter 448 RSMo. The modification includes the addition of section M 102.1.1 which lists seven conditions of compliance and M103.2 listing a compliance schedule which is unique to this classification only.
City Manager Owens commented that staff has worked with a group of residents to develop these new standards which we think will make things in these buildings much safer, affordable, and workable for the residents that are in them.
Staff recommendation is to approve the ordinance for the first reading only.
Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
07-11-17 BOA Minutes July 11, 2017 Page 5 of 10 In response to the Board’s questions, Chris Sedlak, applicant, stated that the site is the former’s Jennifer’s Pharmacy and that the former Barrister’s property project has been placed on hold. He said that they plan on opening November 2017. The restaurant style will be small plates, casual, and an upscale menu.
Mayor Sanger commented that it is a great location for the venue.
Alderman Winings moved to approve a liquor license for EDLL, LLC d.b.a. Pelican Bar Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER A LIQUOR LICENSE FOR THE CAPITAL GRILLE HOLDINGS, INC. D.B.A. THE CAPITAL GRILLE LOCATED AT 101 S. HANLEY ROAD., SUITE 120
City Manager Owens reported that the Capital Grille Holdings, Inc. d/b/a, the Capital Grille is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 101 S. Hanley Road.
The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections.
The applicant has chosen not to submit a petition from surrounding property owners and the first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board of Aldermen members in order to be approved. Staff has requested that a representative be in attendance at the meeting.
Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.
In response to the Board’s questions Jeff Dill, Manager/Partner, addressed the Board stating that he was formerly with Ruth’s Chris Steakhouse for seven years and that Capital Grille is planned to be open September 18, 2017. Mr. Dill also stated that they will be planning a Chamber ribbon cutting ceremony.
Alderman Winings moved to approve a liquor license for Capital Grille Holdings, Inc. d/b/a, the Capital Grille. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
MOTION TO APPOINT MEMBERS TO THE BOARDS AND COMMISSIONS
Mayor Sanger recommended the following individuals are appointed:
Charter Task Force - Deborah Grossman, Ward 1, Richard Goldberg, Ward 2, Gary Feder, Ward 3
City Plan Commission/ARB - Brian Maguire, Ward 3
Economic Development Advisory Committee - Charles Brennan, Ward 2
Sustainability Committee - Susan Buse, Ward 2
The motion passed unanimously on a voice vote. MOTION TO APPOINT MEMBERS TO THE BOARDS AND COMMISSIONS
Mayor Sanger recommended the following individuals are appointed:
Charter Task Force - Deborah Grossman, Ward 1, Richard Goldberg, Ward 2, Gary Feder, Ward 3
City Plan Commission/ARB - Brian Maguire, Ward 3
Economic Development Advisory Committee - Charles Brennan, Ward 2
Sustainability Committee - Susan Buse, Ward 2
07-11-17 BOA Minutes July 11, 2017 Page 6 of 10 Alderman Winings moved to approve the appointments. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
AN APPEAL OF THE ARCHITECTURAL REVIEW BOARD DECISION FOR 6367 ELLENWOOD AVENUE
City Manager Owens reported that this is an appeal submitted by Dennis and Tiffanie Upshaw owners of 6367 Ellenwood Avenue, of the Architectural Review Board’s (ARB) June 19, 2017, decision denying their request to add a circular driveway to their property.
The project was originally submitted to the Planning and Development Services Department for review on May 11, 2017. The project received approval on May 18, 2017, by the City Manager through the administrative architectural review process, provided in Section 400.150 of the Land Use Code.
However, after the approval was granted, it was discovered that the R-1 Zoning District Regulations preclude administrative approval of circular driveways in that zoning district. Chapter 405, Zoning Regulations, Article XII. R-1, Large Lot Single Family Dwelling District, Section 405.1730.1(i.), Setback Requirements, provides:
Lots in excess of fifteen thousand (15,000) square feet and having one hundred (100) lineal feet of frontage or more may install two drive approaches to accommodate a turnaround, with the written approval from the Director of Public Works and subject to Architectural Review Board approval (emphasis added) (all other lots shall be limited to one (1) drive approach).
The applicants were then directed to re-apply for Architectural Review Board approval. The ARB approved the applicant’s request to replace a knee wall, repaving of the front walk and extension of a front porch, but denied the front yard circle drive.
The applicant applied for an appeal to the Board of Aldermen on June 30, 2017. While the applicants’ written appeal alleges that the ARB erred in considering the project for approval when the City Manager had already approved the project pursuant to Section 400.150 (Item A. page 2, June 30, 2017, Upshaw letter) it must be noted that Section 400.150. B. only provides the City Manager with discretion to approve construction projects that do not substantially affect the exterior appearance of the property administratively. In this case the City Manager’s discretion was overridden by the requirements of the R-1 Zoning District standards which clearly require ARB approval for circular driveways, provided the property meets the size and permit standards set forth therein.
The appeal letter asserts that “Section 415.600 (C) of the Code governs the construction of circular driveways in R-1 zoning districts” (Item B. page 2, June 30, 2017, Upshaw letter). Section 415.600 (C) is part of the Subdivision Regulations and provides as follows:
C. Location of all access points shall be determined by the Director of Public Works. Residential lots accessed by a residential street (not a collector or arterial street) may install up to two (2) curb cuts to accommodate a circular turnaround, subject to the following criteria: